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Our lease ends on Oct 31 but we haven't been able to find something suitable until Nov 22. In NJ what rights do we have to stay?
Anonymous4 views3 answers
We live in Jersey City, NJ and our lease ends on Oct 31. The owners are selling so we’re not able to renew our lease and have to move. We’re struggling to find something suitable for our family that is on budget and in the location we need for schools. (We also have significant documentation about our search if needed.) We finally found something that fits our needs but it's not available until Nov 22 – three weeks after our lease ends. What rights do we have to stay in our apartment (if any)? What is the best way to position this with the owner who hasn’t been very flexible to date? Thanks for your help.
You let him know that you are taking the automatic month-to-month renewal that you are entitled to in NJ, even if he sells it, and will vacate at the end of November (you can't force a partial month). He can't force you to leave without cause and must accept the renewal, and you can leave with a month's notice.
A landlord cannot evict you without cause, and without going to court. The process to file and wait for a court date, typically takes a minimum of about 3 to 5 weeks.
You should give your landlord at least a months notice of the date that you intend to move out. Often, when the home is being sold, there could be delays in which case the landlord would be happy to continue to collect rent until you are able to vacate or until he is able to sell.
The bottom line is, that he cannot kick you out before November 22. You should be able to work this out. Good luck to you!
